State v. Smith

SHRUM, Presiding Judge.

A jury convicted Duncan T. Smith (Defendant), an attorney, of possession of a controlled substance, § 195.202 RSMo, 1 a class C felony. It also convicted Defendant of the misdemeanor offenses of driving while intoxicated, possession of drug paraphernalia, and failure to drive on the right half of the roadway. After the trial court entered its judgment and sentence on each conviction, Defendant appealed. We affirm.

On appeal, Defendant presents two points relied on. His first point charges that the trial court

“plainly erred in failing to declare a mistrial sua sponte…